Gerald Turnbough v. Donald Wyrick

Gerald Turnbough, a Missouri state prisoner, appeals from the denial of a writ of habeas corpus. Turnbough was convicted in March of 1972, in the Circuit Court of the City of St. Louis, Missouri, of assault with the intent to kill with malice, in violation of Mo.Rev.Stat. § 559.180. Turnbough had pleaded guilty to a charge of burglary on November 21, 1962, in Greene County, Missouri. This prior conviction was offered outside the presence of the jury in the 1972 trial under the Missouri second offender statute, Mo.Rev.Stat. § 556.280. The jury returned a guilty verdict and, under § 556.-280,…